The High Court · 2025
Case Details
Bonagani Shyam Sunder Goud, S/o- Bonagani Saraiah, Aged 43 years, Occ. Pvt Employment, R/o. plot no.52 and 53, Flat no.G-3, Nagasree Residency, Near Nalia Pochamma Temple, Srinivasanagar, Nizampet, Ranga Reddy District,500090 ...Petitioner/Respondent AND
1. Mrs. B. Dhana Laxmi, D/o Bukya. Jagan, aged. 38 years, Occupation. Branch Manager at AU Small Finance Bank. R/o Plot No 341, Sai Bhagwan Colony, Beeramguda, Ameenpur, Medak 502032.
2. Baby Bonagani Sri Sai Anjana, D/o Bonagani Shyam Sunder Goud, aged. 13 years, Class 8 student,
3. Master Kruthik Saitej Goud Bonagani, S/o Bonagani Shyam Sunder Goud, aged- I years, Class 3 student (Respondents 2 and 3 being minors are represented by their natural mother and Guardian ie., respondent no.1) (All respondents are permanent resident of Plot No. 341, Sai Bhagwan Colongy, Beeramguda, Arneenpur, Medak 50232. At present residing at Flat No. All, A2- Block, Piashanti Apartments, Sindhi Colongy, PG Road, Secunderabad)
4. The State of Telangana, Rep by Public Prosecutor, High Court at Hyderabad ...Respondents/Petitioners/Respondent Petition under Section 447(6) rlw 528 of BNSS Praying that in the Circumstances stated in the memorandum of Grounds to transfer I\/ C no. 03 of 2025 on the file of The Prl. Junior Civil Judge Cum Judicial Magistrate of First Class at Sangareddy to The Family Judge, City Civil Court at Secunderabad to be tried along with FCOP NO. 129 of 2025 in the interest of justice and to avoid conflict of Orders and multiple proceedings. l.A. NO: 1OF 2025 Petition under Section 447(6) rlw 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in M.C.no . 03 ol 2025 on the file of Hon'ble The Prl. ..tunior Civil Judge Cum Judicial trilagistrate of First Class at Sangareddy proceed ngs. Counsel for the Petitioner : Sri. T Surya Satish Counsel for the Respondents : Sri V Ravikrishna The Court made the following: ORDER 7 THE HONOURABLE SMT JUSTICE K. SUJANA TRANSFER CRIMINAL PETITION No.94 of 2o25 ORDER: This Transfer Criminal Petition is hled with a prayer to transfer MC.No.O3 of 2025 pending on the file of the Principal Junior Civil Judge cum Judicial Magistrate of First Class, at Sangareddy, to the file of the Family Judge, City Civil Court, at Secunderabad, to be tried along with FCOP.No. 129 of 2025.
2. Heard Sri T.Surya Satish, learned counsel for petitioner, and Sri V.Ravi Krishna, learned counsel for respondents
3. lrarned counsel for petitioner submitted that the petitioner and respondent No. t had a love marriage solemnized on 24.O9.2OO9, and later, the parents of petitioner performed another marriage ceremony on 12.1 i.2OO9. The couple had two children, and their marital relationship was peaceful until 2017. However, after respondent no. 1 became a bank manager, she started creating issues and harassing the petitioner with false allegations. The respondent no. 1 hled a complaint with false allegations, leading to an FIR and a Domestic Violence Case (DVC). The petitioncr has filed a 2 {l divorce petition before the Family Court at Secunderabad and is seeking to transfer the Maintenarrce Case (MC) hled by respond.ent no. 1 to the same Court to avoid conflict of orders and multiplc trials. The counsel argues that it would not be a hardship for the respondents to appear before the Court at Secunderatrad, as they are currently residing there' and the children are sludying at a school in Secunderabad' Therefore' prayed this Court to allow this transfer criminal petition'
4. On the other hand, the learned counsel appearing for responclenl.s, opposed the submissions made by iearned counsel for petitioner, contending that the transfer petition filed by thf petitioner is not marntainable in law or on facts and is liable to be dismissed. He asserted that petitioner filed the divorce petition (FCOP 129 of 2C.251 on the hle of the Principal Famiiy Court, Secunderabad, with false and heinous allegatrons against the respondent, with the intention of removing her counsel and harassing her and her minor children. He lurther contended that the petitioner has been spying and rvaLching them and has not paid the maintenalce ordereci in the DVC. While advocating that the transfer petition is filed rvith unclean hands and with the intention of creating conflictofinterestandcausinghardshiptotherespondcnts'he prayed this Court to dismiss the transfer criminal petition'
5. Upon consideration of the submissions advanced by both learned counsel and on careful examination of the record' it is noted that the petitioner seeks transfer of MC'No'O3 of 2025 to the Family Court at Secunderabad' citing convenience of both partics, and pendency of FCOP'No '129 of 2025 in the same Court, and the fact that the respondents reside aL Secunderabad and minor children are also studying in a school sitdatedatSecunderabad.However,itisalsonotedthalthe respondent has opposed the same' asserting that she frequently visits Sangareddy due to health-related reasons and that several other proceedings between the parties are pending before the Courts at Sangareddy' In view of the said circumstances, this Court is not inclined to accede to the prayer for transfer of MC'No'O3 of 2025 pending on the h1e of the Principal Junior Civil Judge cum Judicial Magistrate of FirstClass,atSangareddy,tothelrleoftheFamilyJudge,Cigl Civil Court, at Secunderabad, to be tried along with FCOP.No.|29 of 2025' There are no merits in this transfer criminal petition and the same is liable to be dismissed' l \ l I I 4 6 Accordingly, the Transfer Criminal Petition is dismissed There shall be no order as to costs Miscellaneous applications, if any pending, shall stand I closed. SD/. V.KAVITHA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Prl. Junior Civil Judge Cum Judicial ttlagistrate of First Class at Sangareddy.
2. The Family Judge, City Civil Court at Secunderabad 3. One CC to Sri. T Surya Satish Advocate [OPUC] 4. One CC to Sri V Ravikrishna Advocate [OPUC] 5. Two CD Copies DUPSL HIGH COURT DATED:1110912025 ORDER TRCRLP.No.94 oI 2025 a,_'t':-=::..\- rrlt.::;a;a:'\ \) 1',5 t" ,tg tf,T ilffi a', n ..\ I D s;, ,1,1ct) --''-:' --:^:';=- DISMISSING THE TRANSFER CRIMINAL PETITION .)- .rh